A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At the D office located in Pyeongtaek-si around July 23, 2013, the Defendant, even if receiving money from the victim E as a fund for the purchase of vehicles, was thought to use the said money as a repayment of its obligation, etc., and even if the Defendant sold the said money by purchasing and selling the vehicle and did not have the intent or ability to divide the profit therefrom to the victim, he/she acquired the money from the victim to the bank account as follows: “I want to divide the profit after selling the vehicle, because there is a contractor who wants to purchase the Trackor and Tracor, so I want to divide the profit after selling the vehicle.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate;

1. Application of Acts and subordinate statutes to the specifications of transactions in each account (Evidence Nos. 3 and 6);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Taking into account all the circumstances, such as the fact that the defendant for the reason of sentencing under Article 62 (1) of the Criminal Act recognizes his mistake, the fact that the defendant has agreed to do so only with the victim, the fact that the defendant has no criminal record exceeding the same criminal record and fine, and